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Asylum seekers; enforcement of termination of residence
The term "termination of residence" covers all measures that lead to the termination of residence in the federal territory. Enforcing measures to terminate residence is one of the tasks of the Central Aliens Authorities.
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Regierung von Niederbayern - Zentrale Ausländerbehörde Niederbayern
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Stadtfeldstraße 11
94469 Deggendorf
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Stadtfeldstraße 11
94469 Deggendorf
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Description
Asylum-seeking foreign nationals whose application for recognition of protection and determination of prohibition of deportation pursuant to Section 60 (5) or (7) of the Residence Act (AufenthG) has been rejected by the Federal Office for Migration and Refugees (BAMF) have no right of residence under the provisions of the Residence Act. They are therefore obliged to leave the Federal Republic of Germany and must therefore leave the country.
Foreign nationals who are required to leave the country are given a reasonable period of time to return to their home country voluntarily. This is issued by the responsible BAMF in the negative decision on the asylum application. At the same time, deportation to the foreigner's home country is threatened. The deadline for voluntary departure is 30 days, or one week in the case of manifestly unfounded asylum applications. If the foreigner allows this period for voluntary departure to pass unused, the termination of residence will be enforced (= deportation).
The obligation to leave the country also applies if the asylum application is inadmissible because the asylum seeker's asylum application has already been recognized in another member state of the European Union. The same applies if the asylum seeker is taken back by a third country in which he or she is safe from persecution. In these cases, deportation is threatened to the country that has already granted the foreigner international protection or to the third country in which the foreigner is safe from persecution. In this case, the deadline for voluntary departure to this country is also one week from notification of the decision.
The Bavarian immigration authorities are bound by the decisions of the BAMF under immigration law. They are only responsible for enforcing the termination of residence, i.e. monitoring voluntary departure and the forced termination of residence.
A deportation enforces the enforceable obligation of a foreigner to leave the country by means of administrative compulsion.
The foreigners authorities in Bavaria arrange for deportation if foreigners who are obliged to leave the country voluntarily do not leave the federal territory and there are no grounds for toleration that lead to the temporary suspension of deportation.
The State Office for Asylum and Returns was established to coordinate deportations throughout Bavaria and works closely with the immigration authorities to effectively enforce the obligation to leave the country.
Deportation generally results in a temporary entry and residence ban valid for the entire Schengen area.
Fees
The costs arising from the deportation must be borne by the foreigner concerned.
Legal bases
Status: 14.08.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium des Innern, für Sport und Integration
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